SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Harish M vs State By on 23 July, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

1

IN THE HIGH COURT OF KARNATAKA
AT BENGALURU

DATED THIS THE 23RD DAY OF JULY, 2021

BEFORE:

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.4278 OF 2021
BETWEEN:

HARISH M
S/O MOHAN
A/A 28 YEARS
R/A C/O RUKKU BUILDING, NO.175
6TH CROSS, GAJENDRA NAGAR
OLD BYAPPANAHALLI, BANGALORE … PETITIONER

[BY SRI. EUGENE PRABHU BARRAT, ADVOCATE]

AND:

STATE BY BAIYAPPANAHALLI POLICE
STATION BANGALORE … RESPONDENT

[BY SRI. VINAYAKA V.S, HCGP]

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.73/2021 OF BYAPPANAHALLI P.S., BENGALURU CITY FOR THE
OFFENCE P/U/S 498A, 307 R/W 34 OF
IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY
THE COURT MADE THE FOLLOWING:
2

ORDER

This petition is filed under Section 439 of Cr.P.C. by

accused No.1 to enlarge him on bail in Crime No.73/2021 of

Byappanahalli Police Station registered for offences punishable

under Sections 498A, 307 read with 34 of IPC.

2. Heard the learned counsel for petitioner and learned

High Court Government Pleader for respondent-State.

3. On a complaint lodged by the mother of the victim

the aforesaid case was registered against the petitioner and two

others. Complaint averments are that the victim namely

Snehalatha is the wife of the petitioner. Their marriage was

performed about a year prior to the date of incident. The

petitioner, his mother and brother were picking up quarrel with

the victim and subjecting her to physical and mental torture. On

26.04.2021 at about 6.30 a.m. when the victim had gone to the

first floor of the house to put the clothes for drying, the

petitioner pushed her from the first floor with an intention to

commit murder.

4. The learned counsel for petitioner has brought to the

notice of the Court the history furnished to the hospital, wherein
3

it is stated that it was a self fall. The statement of the victim was

recorded on 26.06.2021. She has stated that due to harassment

meted to her by the accused persons, with an intention to

commit suicide she jumped from the first floor. Though it is

alleged by the victim in her statement that the petitioner was

picking up quarrel for petty reasons and subjecting her to

harassment, she has not stated that the petitioner has pushed

her from the first floor and attempted to commit her murder.

Charge sheet has been filed for offence punishable under

Sections 498A read with 34 of IPC. The petitioner was arrested

on 13.04.2021.

5. Learned High Court Government Pleader has

contended that the victim being the wife of the petitioner, there

are chances of tampering in the event the petitioner is released

on bail. The said apprehension can be safeguarded by imposing

suitable conditions. Accordingly, the following

ORDER

Criminal petition is allowed.

Petitioner shall be enlarged on bail in Crime No.73/2021 of

Byappanahalli Police Station, subject to following conditions:-
4

i) Petitioner shall execute a personal bond in a
sum of Rs.50,000/- (Rupees Fifty Thousand
only) with two sureties for likesum to the
satisfaction of the jurisdictional Court.

ii) Petitioner shall furnish proof of his residential
address and shall inform the Court, if there is
any change in the address.

iii) Petitioner shall not tamper with the prosecution
witnesses and he shall not put any threat or
inducement to the victim or her family members
in any manner.

iv) Petitioner shall appear before the trial Court on
all dates of hearing.

SD/-

JUDGE
HB/-

1 thought on “Harish M vs State By on 23 July, 2021

  1. This judgment sheds mild on an essential criminal count number and the implications it holds. The thorough evaluation and reasoning supplied via the court docket make it a compelling read. Kudos to the judiciary for turning in justice in a honest and obvious manner!

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation